The Recognition Of Medical Negligence

Since ancient times, doctors had undertaken the lofty mission that is to rescure the people, but now the respected mission meets many problems along with the development of human civilization, the situation of iatrology was increasingly embarrassed. A series of things such as medical negligence\ medical disputes \and medical litigation which happen in many countries have become the hot point of the society.The recognition of medical negligence is considered to be one of the core issues in the settlement of medical disputes. Because of the speciality of the medical science, the questions such as what kind of criteria should be uesd to recognate the medical negligence and how to design a equitable and credible system for the recognition of medical negligence are not only the focus of the hospitals and patients, but also the most common questions arose in the medical disputes. At the same time, the question is also disputable in the medical law area of our country. Any confusion of them will cause deflection in the settlement of medical disputes. Neither does it good to the protection of parties, nor to maintain the stability of the sociality.Combined with the knowledge both in law and medicine, the paper focuses on the medical action, especially the identification of the medical negligence by using the demonstration analysis and induction. From the theoretical and practical aspects, the paper pays much attention to the principles, factors and standards of the medical negligence recognition, which base on the normal circumstances and the particularity of medical action, The paper tries to set up identification standards and methods which fit our county's reality. Moreover, only discussing the theoretical issue without settling the operation will lose the value of the paper. So the paper analyses the defects of the medical accident identification system, and gives advice. The article intends to discuss the following four parts:The first part is an overview of medical negligence. The paper discusses the negligence recognition in the normal circumstances and analyses the related definitions, such as medical fault and medical accident. Also, the paper discusses the particularity of medical action which has much influence. All of above are used to be the preparation for the later discussion.The second part is the theoretical study of the medical negligence identification. Based on the principles and factors, the paper tries to define the standard of medical negligence recognition and to establish criteria for identification and operation which fits our country.The third part is the practical analysis of medical negligence identification. The paper classifies the types of medical disputes, according to the main process of medical treatment , that is, from the doctors reception to the end of the treatment, and discusses the several typical medical negligence identification action also under the situation with no fault.The fourth part discusses the mechanism of medical negligence identification . Furthermore, the paper gives the completion of the medical negligence identification according to the current problems and defects of the medical accident identification system.